Voting via Email

If the Board (CA) is ready to vote to approve/disapprove a large invoice, but some homeowners voice concerns and the vote is not taken, can Board members vote via email after the concerns are addressed, or does the invoice need to be brought up at next board meeting (payment date is not an issue)? Are there any Davis Stirling codes that deal with this?

Susan,

CA has an open meeting law which says all meetings must be noticed and only certain issues can be discussed in a closed session. Because the action w/o meeting is in the corp code and not the Davis-Stirling Act I don't know that HOAs should use this method to conduct business, or at least use it very sparingly, even though they are not exempted from this statute w/i the corp code. Sometimes it takes legislators awhile to find out that a particular statute in the corp code or nonprofit corp act should not apply to an HOA.

Bottom line, IMO the board should definitely not use email to vote on this issue nor use the action w/o meeting unless they cannot obtain a quorum for a meeting and the invoice must be paid b/4 the next regularly scheduled meeting.